Legal Question in Family Law in South Africa
What recourse do I have to prevent my wife from taking my son away from home and school because me and her are having a dispute and if she does take him away how do I get him back home?
Asked on 4/21/12, 10:42 pm
1 Answer from Attorneys
In terms of the Children's Act, major decisions, such as a child's schooling and place of residence cannot be made unilaterally by one parent. Both parents must have a say in the decision. Therefore, if your wife does go ahead and remove your child, you may apply to the High Court for an urgent interdict to prevent her from doing so or to return your child if she has done so already.
Yours faithfully,
Answered on 4/23/12, 11:55 am
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